New India Assurance Co.Ltd. v. Umedlal Samanaji Oswal And ORS.

P.H. Jayani 04(II) CAF291.05.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 291 OF 2005 IN FIRST APPEAL NO. 164 OF 2005 New India Assurance Co. Ltd.

....Applicant V/s.

Umedlal Samanaji Oswal (since deceased through legal heirs) :

Smitabai Lalit Oswal & Ors.

....Respondents Mr. G.M. Savagave for the applicant in CAF 4060/2014 and for R.Nos.2 to 4 in CAF 291/2005 and for the appellant in FA 164/2005.

Ms. Shalini Shankar for the appellant in FA 164/2005 and for the applicant in CAF 291/2005.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 01st MARCH, 2019.

P.C.:

.

Heard the learned counsels for the respective parties. 2.

By this application, the applicant / insurance company has sought stay of the execution and implementation of impugned judgment and award dated 21/07/2004 passed by the Addl. Member, MACT & 5th Adhoc Addl. Dist. & Sessions Judge, Pune in MACP No.903/1999 wherein the Claims Tribunal has awarded compensation of Rs.6,90,000/- with interest @ 6% per annum to the respondents herein from the date of application till realization of the amount.

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P.H. Jayani 04(II) CAF291.05.doc 3.

Mr. G.M. Savagave, learned counsel for the applicant / insurance company states that the applicant has already deposited the compensation before the Claims Tribunal as per the judgment and award dated 21/07/2004. The said statement is not disputed by the learned counsel for the respondents / original claimants. 4.

In the light of said statement, execution and implementation of impugned judgment and award dated 21/07/2004 passed by the Addl. Member, MACT & 5th Ad-hoc Addl. Dist. & Sessions Judge, Pune in MACP No.903/1999 is stayed till the disposal of the appeal. 5.

Civil Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2